Monday, February 08, 2010Last Update: 11:21 AM PT

Michael Irvin Calls Woman's Lawsuit a 'Thinly Veiled Extortion Plot'

By ROBERT KAHN

(CN) - NFL Hall of Famer Michael Irvin countersued a woman who claims he raped her 2 year ago in a Florida hotel room. Irvin claims his accuser waived prosecution 2 years ago and police found her claims "un-credible," but her attorneys, in a "thinly veiled extortion plot," threatened to sue him, and did sue him, to "capitaliz(e) on the media circus that is Super Bowl weekend." Irvin says the false accusation cost him his job as announcer with ESPN radio. Jane Doe sued Irvin on Feb. 2 in Broward County Court, Fort Lauderdale, alleging rape and sexual assault. Irvin sued Nicole A. Mustafa on Feb. 10 in Dallas County Court, Texas, alleging civil extortion, conspiracy, defamation and tortious interference. Both lawsuits refer to alleged events on the night of July 4-5, 2007. In her complaint, Doe claims Irvin raped her after Irvin and an "unknown male companion were consuming large amounts of alcoholic beverages and unknown substances." She claims Irvin "enticed and lured" her to his room, where he and his friend "started pushing money at her and tried stuffing under her clothes by her breasts." (Sic.) She says she demanded to leave, but the men "insisted on sexual favors." She says they both exposed their penises to her, and when she demanded again to leave, Irvin "become more aggressive and violent." She says Irvin's friend held her "down on the bed and covered her mouth." "While being restrained by the unknown male companion, the defendant, Michael Irving, sexually assaulted and raped the plaintiff," the complaint states. After this, she says, Irvin "physically flipped the plaintiff, Jane Doe, over and held her at which time the unknown male companion proceeded to unlawfully and knowingly force his penis into the mouth of the plaintiff against her will". After this, she says, "Derrick Irvin, brother of the defendant, Michael Irvin, entered the room and proceeded to take the plaintiff, Jane Doe, to another room and assisted in covering the sexual assault and rape up." She claims Michael Irvin "has a history of attempting to commit similar acts of violent sexual assaults". She demands damages for sexual assault and rape. The only defendant named in the complaint is Michael Irvin. Doe is represented by David Lister with Martin, Lister and Alvarez, of Weston, Fla. In his complaint, Irvin claims Mustafa "signed not one (1) but two (2) waivers of prosecution," on July 21, 2007, "the day after opening a file with the Police Department." He claims, "The Seminole Police Department found Mustafa's claims un-credible and stopped actively investigating the file over two (2) years ago." Irvin claims Mustafa "decided to take another shot" at him "(a)fter seeing Irvin's success on Dancing with the Stars and his new show Fourth and Long." The complaint states, "It is typical for fame-seekers to attack celebrities of Irvin's stature to try and make a quick buck. ..."Sometime in the fall of 2009, Mustafa's new found attorneys created a salacious lawsuit and were sending copies around Dallas and Miami looking for people with ties to Irvin. When Mustafa's attorneys finally reached Irvin, they told him that if he did not pay them a million dollars that they would file a lawsuit that would ruin his career. Notably, the bogus lawsuit that was actually filed was very different from the salacious harassment lawsuit Mustafa was using to extort Irvin. "Over the next five (5) months, Mustafa's attorneys constantly called inquiring into whether Irvin was going to 'pay up.' Finally, sometime in January 2010, Mustafa's attorneys let it be known that if they did not get paid, that they would file a pleading more detailed than required by the rules of court during the Super Bowl, so that everyone would know and his career would be over. This is nothing more than a thinly veiled effort to carry out plaintiff's extortion plot, while capitalizing on the media circus that is Super Bowl weekend." Irvin claims that on Feb. 5, he "was terminated from ESPN Radio over Mustafa's false allegations." He claims that Mustafa's allegations are "absolutely false," that she knew they were false when she made them, and that she made them "with the specific intent to defame Irvin and disparage his business, his image, reputation and ultimately destroy his career." Irvin seeks punitive damages. He is represented by Lawrence Friedman with Friedman & Feiger of Dallas.